The Christian Porter vanquished but delusional … Convinced his humiliation is a triumph … Woe … Allegations remain unamended … Where are the damages and the grovel? … Settlement statement by ABC concedes nothing … Porter the pollie is finito … Polly Peck reports
His case was filed on March 15 and discontinued on May 31 – with the only shot fired by Jo Dyer who successfully established that his celebrity silk Sue Chrysanthou was too conflicted to act.
The ABC has issued a statement that Porter has discontinued his defamation action and that the parties will not pursue the matter any further.
“The article did not name Mr Porter but he publicly identified himself as the minister in question …
The ABC did not intend to suggest that Mr Porter had committed the alleged offence.
However both parties accept that some readers misinterpreted the article as an accusation of guilt against Mr Porter. That reading, which was not intended by the ABC, is regretted …
The ABC stands by Louise Milligan, one of Australia’s foremost and most awarded investigative journalists, and all our journalists in their independent and brave reporting on matters about which Australians have a right to be informed.”
The ABC has agreed to pay for the costs of the mediation while Porter will have to pay his part of Jo Dyer’s costs.
These usual settlement weasel words are the best that Porter’s slimmed down legal team could extract. The story never said that Porter raped the victim in 1988, so it is no great concession to say an accusation of guilt was misinterpreted.
Porter is frantically spinning this as a great triumph and a “humiliating backdown” by the broadcaster and Louise Milligan.
Jo Dyer had to correct the usual misinformation from Porter’s ideological allies in the Murdoch camp.
I think you mean “discontinued”.
— Jo Dyer (@instanterudite) May 31, 2021
Usually success in a defamation action means an apology, damages, or both, and the article withdrawn.
Yet here there is not a red cent of damages, no apology and the February 26 story that set the hares running remains forever online.
Effectively, he has accepted that Louise Milligan’s carefully worded story is true – that a friend of the rape victim had reported to two senators and to the PM that an unnamed senior minister had raped a young woman in 1988.
Richard Potter SC did the pre-publication legalling and made the article bullet proof.
The costs Porter has run up trying to keep Celebrity Sue on board would be daunting enough, yet he faced the looming prospect of more funds to be lavished on his application to strikeout the graphic particulars of the ABC’s truth defence.
Jo Dyer, told Porter’s barrister Christopher Withers that the rape victim, known as Kate, would have considered it a “small measure of success” that Porter’s raw and unconcealed ambition to be prime minister should be thwarted. Indeed, she is right. It would be unthinkable to have a prime minister, or any minister, who was suspected of rape.
It would be a bigger measure of success if he was no longer a member of parliament, given that the allegation still lingers online, uncompensated and steadfastly supported by the publisher.
Ambition was lurking on every corner of this case. Forget the rhetoric about cab rank rule, in Chrysanthou and solicitor Becky Giles, Porter had an ambitious team that attracted celebrity attention.
The suggestion during Dyer’s application that only Chrysanthou could get the case ready for a September trial was poo-pooed in Phillip Street with one brief acidly saying:
“Even Blind Freddy SC reading it in braille could manage to do it.”
Others were contending that Chrysanthou’s removal from the case should not have required a judgment from Justice Tom Thawley. She said that she will “do what the court tells me” – as though there were other options.
The situation was looking shaky for Porter which is why he took to the media last week to buff-up the battlements, saying that his earlier views on the need for defamation reform have become “more nuanced”.
“I’m only at the very early stages of being inside that system. But one thing I can guarantee is that the view I took inside the system isn’t going to be the view that emerged outside the system.”
He was subject to a patsy interview on Sky News, where he said he believes in the justice system, blah-blah, and that he hopes the taxpayer funded ABC doesn’t argue things that don’t need to be argued.
He added that the litigation will be a massive personal financial drain but he is committed to that. If at any point he requires outside sources of help, he will make the necessary disclosures.
It was Janet (The Planet) Albrechtsen’s article in November last year that triggered the spiral of despair. Planet in The Australian attacked the Four Corner’s program about the two randy Canberra lads, The Christian and The Tudge, and in the process she had a nasty swipe at Jo Dyer.
Dyer sought advice from Celebrity Sue, leading to her being vanquished from the case with difficulties that Porter was unwilling or unable to address.
Thanks Planet.
Dyer is still pressing for an inquiry into the allegations …
Given Mr Porter has dropped his case against the ABC and the inestimable @Milliganreports (💪), we call on all members of Parliament – from the Prime Minister to our newish Prime Minister for Women down – to support @larissawaters‘ Bill for an inquiry into Kate’s allegations. 1/3
— Jo Dyer (@instanterudite) May 31, 2021
And so too is opposition spokesman, Mary Dreyfus …
statement from Labor’s shadow attorney-general, Mark Dreyfus, on Christian Porter – looks like Labor will resume calls for an inquiry into the allegations:
“Mr Morrison no longer has an excuse to refuse to hold an independent inquiry into these allegations” #auspol pic.twitter.com/Hrnjq1I1lT
— Josh Butler (@JoshButler) May 31, 2021
What happens to the 27-pages of redacted defence remains to be seen, but as is the way with these things bits of it are bound to leak.
Basically few people liked or respected Porter. He was an unadorned thruster and a lousy attorney general. Julian Burnside has some thought about his character …
Christian Porter criticised the ABC In connection with the settlement of his defamation case against it.
He can say or believe what he wants, but his reputation is trash.
Speaking for myself, I believe that he is a terrible, immoral and grotesque human being— Julian Burnside (@JulianBurnside) May 31, 2021
A final word should go tp the great sage Chris (The Tamil) Merritt, and his assessment of how the case would play out …
Well this now looks pretty incisive analysis eh @ChrisMerrittc? Right up there with your other great columns for Murdoch. pic.twitter.com/POTANZWg6J
— Bernard Keane (@BernardKeane) May 31, 2021